Idaho: Statutory Employer Not Liable for Comp Payments When Injured Worker’s Employment by Direct Employer Deemed “Casual”

Acknowledging that the concept of a statutory employer is to prevent an employer from avoiding liability under the workers’ compensation statutes by sub-contracting the work to others, the Supreme Court of Idaho recently held nevertheless that a statutory employer is not liable for worker's compensation benefits if the claimant's employment falls within the "casual employment" exemption from worker's compensation coverage.  The statutory employer should be liable for compensation in any case where that employer would have been liable for compensation if the employee had been working directly for the employer, indicated the court.  Since the statutory employer would not be liable for the injuries of casual employees, it should not be liable for those casual employees hired on temporarily by the general contractor.

Reported by Thomas A. Robinson, J.D.

LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.

See Stringer v. Robinson, 2013 Ida. LEXIS 339 (Nov. 27, 2013) [2013 Ida. LEXIS 339 (Nov. 27, 2013)]

See generally Larson’s Workers’ Compensation Law, § 70.01 [70.01]

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

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